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Home My WebLink About2011 08-22 CCM Regular Session s MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION AUGUST 22, 2011 CITY HALL — COUNCIL CHAMBERS 1. INFORMAL OPEN FORUM WITH CITY COUNCIL CALL TO ORDER INFORMAL OPEN FORUM The Brooklyn Center City Council met in Informal Open Forum called to order by Mayor Tim Willson at 6:45 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. Mayor Tim Willson opened the meeting for the purpose of Informal Open Forum. No one wished to address the City Council Councilmember Lasman moved and Councilmember Kleven seconded to close the Informal Open Forum at 6:46 p.m. Motion passed unanimously. 2. INVOCATION Mayor Willson requested a moment of silence and personal reflection as the Invocation. 3. CALL TO ORDER REGULAR BUSINESS MEETING The Brooklyn Center City Council met in Regular Session called to order by Mayor Tim Willson at 7:01 p.m. 4. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, Director of Fiscal and Support Services Dan Jordet, 08/22/11 -1- Public Works Director /City Engineer Steve Lillehaug, Director of . Business and Development Gary Eitel, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 5. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. 6. APPROVAL OF AGENDA AND CONSENT AGENDA Councilmember Ryan moved and Councilmember Lasman seconded to approve the Agenda and Consent Agenda, and the following consent items were approved: 6a. APPROVAL OF MINUTES 1. August 3, 2011 — Joint Work Session with Financial Commission 2. August 8, 2011 — Study Session 3. August 8, 2011 — Regular Session 4. August 8, 2011 — Work Session 6b. LICENSES AMUSEMENT DEVICES Mendota Valley Amusement, Inc. 220 Hardman Avenue S., South St. Paul MECHANICAL Appliance Installers of MN 14105 Rutgers Street NE, Prior Lake Residential Heating & Air 1815 East 41 Street, Minneapolis Statewide Gas Service 201 West Main Street, Waconia RENTAL — CURRENT RENTAL STANDARDS INITIAL (TYPE H — two-year license) 430963 d Avenue N. Kyle Dalton 5306 Eleanor Lane Cheryl Petersen 5243 Ewing Avenue N. Gary Scherber 5248 France Avenue N. Gary Scherber 6819 Humboldt Avenue N. A103 Passed w /Weather Deferral Raymond Charest 5318 Irving Avenue N. Nathaniel LoChe 6436 June Avenue N. Jenny Pham 5307 Knox Avenue N. Abraham Montemayor 4714 Lakeview Avenue Gary Scherber 6613 Xerxes Place N. Mukhtar Musa RENEWAL (TYPE III — one-year license) 4707 Eleanor Lane Todd Vlasaty 08/22/11 -2- 5637 Emerson Avenue N. Douglas Pederson RENEWAL (TYPE I — three-year license) 6737 Humboldt Avenue N. Humboldt Square Apartments Humboldt Properties LLC 2307 -09 54 Avenue N. Robert Messersmith 5338 Queen Avenue N. Robert Messersmith 3706 55` Avenue N. Mains'l Properties 507 69 Avenue N. Outreach Six Acres, Inc. 4416 69 Avenue N. Eugene & Diane Wright 5006 France Avenue N. Michael Mohs 5442 James Avenue N. Gerald Stigsell 3 812 Janet Lane Mains' 1 Properties 5740 Logan Avenue N. Lin Shuang LLC 6424 Marlin Drive Charles Jing Bright 5201 Winchester Lane Yolanda Michelle Jackson SIGNHANGER A -Sign & Screen Printing Company 708 Lowry Avenue N., Minneapolis 6c. RESOLUTION NO. 2011 -112 CHANGING POLLING LOCATION FOR PRECINCT 1 6d. RESOLUTION NO. 2011 -113 DECLARING A PUBLIC NUISANCE AND ORDERING THE REMOVAL OF DISEASED TREES 6e. RESOLUTION NO. 2011 -114 CALLING FOR A PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENTS FOR DELINQUENT PUBLIC UTILITY SERVICE ACCOUNTS 6f. RESOLUTION NO. 2011 -115 ACCEPTING BID AND AWARDING A CONTRACT, IMPROVEMENT PROJECT NO. 2011 -10, WEST PALMER PARK BUILDING REPLACEMENT 6g. RESOLUTION NO. 2011 -116 APPROVING FINAL PLAT FOR BRI MAR SECOND ADDITION Motion passed unanimously. 7. PRESENTATIONS/ PROCLAMATIONS /RECOGNITIONS/DONATIONS - None. 8. PUBLIC HEARINGS None. 08/22/11 -3- 9. PLANNING COMMISSION ITEMS - None. 10. COUNCIL CONSIDERATION ITEMS 10a. MAYORAL APPOINTMENT OF MEMBER TO SERVE ON HOUSING COMMISSION Peggy Lynn introduced herself to the Council. Councilmember Lasman moved and Councilmember Ryan seconded to ratify the Mayor's appointment of Peggy Lynn, 1912 55 Avenue North, to serve on the Housing Commission with a term to expire December 31, 2011. Motion passed unanimously. 10b. RESOLUTION NO. 2011 -117 APPROVING A TYPE III RENTAL LICENSE FOR 7018 BROOKLYN BOULEVARD Assistant City Manager/Director of Building and Community Standards Vickie Schleuning advised the owner of 7018 Brooklyn Boulevard received a Type III Rental License on January 11, 2011, on condition of adherence to the Action Plan. However, the owner has failed to comply with the Action Plan (required attendance at ARM meetings). According to the City's performance based ordinance, if the requirements of the license category and Action Plan are not met, the license renewal category remains a Type III. Ms. Schleuning presented the history of the license process for this property, noting the seven violations found when inspected have been corrected. Staff recommends approval of a Type III rental license based on meeting standards in the Action Plan. Mayor Willson stated the Council held a spirited discussion during tonight's Study Session on this rental license. He noted the Council could choose to reject this license based on the failure of the property owner to comply with the agreed upon Action Plan or consider staff's recommendation to approve a Type III license. Mayor Willson stated he finds it disturbing that it has taken a long period of time, a year, for the owner to get the property into compliance and the action plan in place. Mayor Willson stated he would support staff's recommendation but would like staff to track this property during the term of the license. Councilmember Lasman concurred and stated the Council expects property owners to abide by the agreed upon Action Plan. She indicated she will support a Type III rental license, in this instance, but will be watching to assure the owners are responsible to their agreed upon Action Plan. Mayor Willson noted for the record that the property owner was not in attendance. Councilmember Lasman moved and Councilmember Kleven seconded to approve 08/22/11 -4- RESOLUTION NO. 2011 -117 Approving a Type III Rental License for 7018 Brooklyn Boulevard. Motion passed unanimously. 10c. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 6765 HUMBOLDT AVENUE NORTH Ms. Schleuning advised that 6765 Humboldt Avenue North was inspected and ten property code violations were cited and ultimately corrected. There have been zero validated _ police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six- month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on meeting standards in the mitigation plan. Councilmember Kleven moved and Councilmember Lasman seconded to open the Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Ryan seconded to close the Hearing. Motion passed unanimously. Councilmember Lasman moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 6765 Humboldt Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 10d. CONSIDERATION OF TYPE IV 6 -MONTH PROVISIONAL RENTAL LICENSE FOR 3513 47 AVENUE NORTH Assistant City Manyer/Director of Building and Community Standards Vickie Schleuning advised that 3513 47 Avenue North was inspected and 18 property code violations were cited and ultimately corrected. In addition, there have been four validated police incidents /nuisance calls within the last 12 months. This property qualifies for a Type IV six -month provisional rental license based on the number of property code violations found during the initial rental license inspection. The property owner is also required to submit a mitigation plan and report monthly on the progress of that plan. Ms. Schleuning reviewed actions taken in regard to this rental license application and indicated Staff has reviewed that mitigation plan and held discussion with the property owner and recommends approval based on strict adherence to the mitigation plan. 08/22/11 -5- Councilmember Lasman moved and Councilmember Ryan seconded to open the Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to close the Hearing. Motion passed unanimously. Councilmember Ryan moved and Councilmember Kleven seconded to approve the issuance of a Type IV six -month provisional rental license and mitigation plan for 3513 47 Avenue North, with the requirement that the mitigation plan must be strictly adhered to before a renewal rental license would be considered. Motion passed unanimously. 11. COUNCIL REPORT Councilmember Kleven reported on her attendance at the following: • August 11, 2011, Planning Commission meeting; however, there was not a quorum • August 15, 2011, Budget meeting with the City Council • August 16, 2011, Housing Commission meeting; however, there was not a quorum • August 17. 20 press conference regarding the Majesty Travel fraud case • August 18, 2011, Brookdale Chevrolet Day celebration, noting they are a Centennial Celebration supporter Councilmember Kleven announced residents can sponsor their own brick for $250 at the Centennial Park memorial amphitheater, which is tax deductible. She also announced that Auto Zone opens tonight and is stocked with everything you need for your car. Councilmember Kleven congratulated Joelene Calvert, new owner of Fast Signs, 6098 Shingle Creek Crossing, and announced they will be holding an open house this Thursday with a ribbon cutting event. Councilmember Kleven commented that it is wonderful to see demolition progress at Brookdale and explained the piles of asphalt and concrete will be recycled on the site. Councilmember Ryan reported on his attendance at the following: • August 15, 2011, Budget meeting with the City Council Councilmember Ryan commended the Luther group for its outstanding support of events in Brooklyn Center including the City's Centennial and Earle Brown Days. He indicated he will be attending the upcoming Brooklyn Center /Brooklyn Park MAC meeting. Councilmember Lasman reported on her attendance at the following: • August 9, 2011, toured the new facility of ITT Technical Institute in Brooklyn Center • August 10, 2011, graduation of 47 children from the Brooklyn Center Safety Camp • August 15, 2011, Budget Work Session with the Council 08/22/11 -6- • August 18, 2011, meeting with Sue LaCrosse to work on the time capsule event scheduled for December 4, 2011, during Holly Weekend, which will be one of the final events of the Centennial Year. This new time capsule will be opened in 2036. She advised that the old time capsule will be opened and its contents on display. • August 20, 2011, Luther Celebration / Brookdale Chevrolet Day Mayor Willson reported on his attendance at the following: • August 15, 2011, Budget Work Session with the Council • August 16, 2011, met with a constituent, Betty Dudley • August 20, 2011, Luther Celebration event / Brookdale Chevrolet Day Mayor Willson referenced two constituent a -mails that described the well attended and successful Brookdale Chevrolet Day celebration and recognized the contribution of the Luther organization and its great investment in Brooklyn Center with the expansion of Brookdale Chevrolet. 12. ADJOURNMENT Councilmember Lasman moved and Councilmember Ryan seconded adjournment of the City Council meeting at 7:28 p.m. Motion passed unanimously. 08/22/11 -7- STATE OF MINNESOTA) COUNTY OF HENNEPIN) ss. Certification of Minutes CITY OF BROOKLYN CENTER) The undersigned, being the duly qualified and appointed City Clerk of the City of Brooklyn Center, Minnesota, certifies: 1. That attached hereto is a full, true, and complete transcript of the minutes of a Regular Session of the City Council of the City of Brooklyn Center held on August 22, 2011. 2. That said meeting was held pursuant to due call and notice thereof and was duly held at Brooklyn Center City Hall. 3. That the City Council adopted said minutes at its September 12, 2011, Regular Session. City Clerk Mayor 08/22/11 -8-